Apify Store Publishing Terms and Conditions
Effective date: May 14, 2024
Apify Technologies s.r.o., with its registered seat at Vodičkova 704/36, 110 00 Prague 1, Czech Republic, Company reg. no. 04788290, recorded in the Commercial Register kept by the Municipal Court of Prague, File No.: C 253224 (“we” or the “Provider”) thanks you (“you” or the “User”) for using our Platform console.apify.com (the “Platform”). These terms and conditions (the “Apify Store Publishing Terms”) shall govern your rights and obligations in relation to publishing and maintaining a public Actor in Apify Store at console.apify.com/store (“Apify Store”) in addition to our general terms and conditions (the “General Terms”).
Terms starting with a capital letter used in these Apify Store Publishing Terms have the meaning defined either here or in the General Terms. Provisions of the General Terms regarding liability, indemnity, governing law and choice of jurisdiction are incorporated herein by reference.
1. Publishing your Actor
1.1. Actors (i.e., the serverless cloud programs running on the Platform as defined in the General Terms) can be either private or public. Public Actors are shown in Apify Store and can be run by anyone. Private Actors can only be accessed and started by their owner. If you decide to make your Actor public, the following rules apply.
2. Acceptance of these terms
2.1. By publishing an Actor in Apify Store, you represent that you are over 18 years old and agree to adhere to these Apify Store Publishing Terms, in addition to the General Terms. If you act on behalf of a company when accepting these Apify Store Publishing Terms, you also hereby declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company).
3. Actor name, description and price
3.1. Each Actor has its own unique name. When you publish an Actor, you agree to assign to it a relevant, non-deceiving name.
3.2. When publishing your Actor, you agree to create, publish and maintain an up-to-date, pertinent description, documentation or other sources of information, allowing Apify users to use the Actor.
3.3. The Actor, its name, price, description and other information connected to it published in Apify Store can be changed at any time in the future. However, changes to the Actor's price are limited to a maximum of one change per month.
4. Competition
4.1. We encourage healthy competition. Creating an Actor that offers similar functionality or outcome as another Actor is permitted. However, you must avoid simply copying another's Actor and claiming it as yours.
4.2. We reserve the right to immediately unpublish and/or delete any Actor that, in our sole discretion, infringes on any rights of other Apify users and/or third parties, including, but not limited to, copyright infringement caused by copying content of other Apify users, such as their Actors' readmes, descriptions or parts thereof.
5. Prohibited activities
5.1. You may create and publish an Actor of any kind. However, to maintain a safe, legal and respectful environment on the Platform, we are asking you to avoid content and activities that are prohibited by any terms agreed between both parties and the Acceptable Use Policy (the “Prohibited Activities”).
5.2. While we are not obliged to monitor the content of all Actors, if we find out that your Actor:
- contains any content falling under the Prohibited Activities;
- has been created (at least in part) by performing the Prohibited Activities; or
- the Actor itself performs any of the Prohibited Activities.
We are authorized to unpublish and/or delete such an Actor, in our sole discretion.
5.3. On Apify Store, you are not allowed to directly or indirectly offer, link to, or otherwise promote any product or service outside of the Platform unless we explicitly agree to it in writing. If you violate this prohibition in your Actors (including its accessories, e.g., the “read me” section of the Actor page on the Platform) or in any other content you publish on Apify Store, we are entitled to unpublish, modify, and/or delete such Actor and its accessories or content, in our sole discretion.
6. Provider's right to intervene
6.1. Without limitation to clause 5.2 above, we reserve the right to delete, unpublish, restrict or modify any unlawful, offensive, harmful or misleading content or public information in Apify Store or any Actor as we may see fit to protect legitimate interests of Apify, its users, or any third parties.
7. Privacy of the code
7.1. By publishing your Actor on Apify Store you are allowing us to view the source code of that Actor. We may only access and inspect the source code in limited circumstances where our interference is necessary for legal, compliance or security reasons, for example, when investigating the presence of any Prohibited Activities.
8. Maintenance of the Actor
8.1. By publishing your Actor you agree to use your best effort to maintain it in working condition and make updates to it from time to time as needed, in order to maintain a continuing functionality.
9. Testing
9.1. We are performing regular automated testing of the functionality and performance of all Actors published in Apify Store. Failing the test may lead to the consequences described in clause 10 below.
10. Faulty Actor
10.1. If your Actor does not provide the declared functionality (a “Faulty Actor”) we are authorized to mark that Faulty Actor as “under maintenance” in Apify Store. If you do not update or make changes to the Faulty Actor to recover its functionality and the Actor remains a Faulty Actor for the period of 30 days or more, we are authorized to mark that Faulty Actor as “deprecated” and/or remove that Faulty Actor from Apify Store. You will not be reimbursed for the removal of the Faulty Actor.
11. Notified issues with an Actor
11.1. Platform users have the option to report an issue with an Actor. The issue is then notified by email to the author of that Actor. Should you receive such a notification email about an issue with your Actor, you agree to address the issue by either fixing the issue, updating the Actor, its description or other information, or by contacting us with an explanation as soon as possible, however, no later than within 14 days. If you do not address the notified issue in accordance with this clause, we are authorized to declare your Actor a Faulty Actor.
11.2. In addition to addressing the issues according to clause 11.1 above, you agree to respond to us, should we contact you regarding your Actor via email marked “urgent” in its subject, within three business days.
12. Pricing options
12.1. When you decide to set your Actor as monetized, you may choose one of the two following options for setting its price:
- Monthly Rental which means that each user of your Actor will pay a flat monthly rental fee for use of that Actor. You will set the price as X USD per month; or
- Price per Result model which means that each user of your Actor will pay a fee calculated according to the number of results of each run of that Actor. You will set the price as X USD per 1,000 results. In this model the users do not pay for the Platform usage.
12.2. If you set your Actor as monetized, you will be entitled to receive remuneration calculated as follows:
- 80% of the sum of the Monthly Rental fees paid by the users of the Actor; or
- 80% of the sum of Price per Result fees paid by the users of the Actor, further reduced by the cost of Platform usage.
You acknowledge that the remaining portion of the users' fees paid for the Actor shall belong to us.
Example: You set the price for your monetized Actor under the Price per Result model as USD 5 per 1,000 results. The Actor has one paying user who runs it once and gets 1,000 results. The Platform usage costs of the Actor run are USD 0.5 You will be entitled to remuneration of USD 3.5 (i.e. (80% of 5) - 0.5).
12.3. You acknowledge that the amount of fees paid by the users and the Platform costs can change throughout the month thanks to unpaid invoices or refunds, and that any information about future or past profits or remuneration available in the Platform UI are only estimates. Apify shall not be liable for the outcomes of any actions made based on those estimates.
13. Payment terms
13.1. You are responsible for filling in your correct payment details in your user account and keeping them up-to-date to enable us to make payments to you.
13.2. Your entitlement to remuneration for an Actor will cease for the time that the Actor is a Faulty Actor. If you fix or update the Faulty Actor, and it becomes functional again as advertised, your entitlement to remuneration in relation to the Actor will resume.
13.3. Unless both parties have agreed otherwise, your remuneration will be paid on the basis of an invoice that we will issue on your behalf. The invoice will be issued without an undue delay after the end of each calendar month. You may approve or dispute the invoice within 7 days of issuance. An invoice that's neither accepted nor disputed within that period shall be deemed approved.
13.4. The minimum amount payable is USD 20 for PayPal and USD 100 for any other payout option (the "Minimum payout"). Remuneration in any given month lower than the Minimum payout will be rolled over to the following month until the sum of approved invoices exceeds the Minimum payout. Attributes of an invoice such as due date do not override the Minimum payout rule.
13.5. We may, in our sole discretion, block, remove, deprecate, or otherwise restrict your Actor from the Platform, if your Actor contains, requires, or refers the users to any payment method, other than the Apify payment gateway. This includes, without limitation, any method that (i) directly or indirectly circumvents the system of remuneration according to these Apify Store Publishing Terms; or (ii) poses a security risk to us, the Platform, the users, or any third party (e.g., by creating a false impression that the user pays any fees or other payments for the Actor to Apify). We reserve the right to withhold any and all outstanding payments due to you for such Actor until we determine whether the Actor complies with these Apify Store Publishing Terms.
13.6. In case any suspicions arise regarding the legitimacy of any user’s payment for your Actor (e.g., suspicions of a fraudulent payment), before we pay you the remuneration for such user’s payment, we shall have the right, but not the obligation, to withhold the remuneration for such user’s payment for a period necessary for us to investigate any suspicious activity related to it. You agree to provide us and/or any authorized third party (e.g., PayPal) with all reasonably requested cooperation.
13.7. If any fraudulent or otherwise non-compliant activity is identified regarding a user’s account or payments, we may ban the user from using the Platform. If we ban such a user, we shall not be obligated to pay you any remuneration resulting from such fraudulent user’s payments. In case such activities are identified after we already paid you the remuneration for such user's payment, you shall be obligated, at our written request, to refund the corresponding part of the remuneration.
13.8. If a payment of remuneration is withheld in accordance with these Apify Store Publishing Terms, you shall not be entitled to any interest or additional payments.
14. Amendments
14.1. We may unilaterally amend the Apify Store Publishing Terms. We shall notify you of such an amendment at least 30 days in advance before its effectiveness. Should you disagree with such an amendment, you may unpublish all your Actors from Apify Store until the effective date of the amendments. Otherwise, you will be deemed to agree with the announced amendments.
Version History
This is the history of Apify Store Publishing Terms and Conditions. If you are a new user, the latest terms apply. If you are an existing user, see the table below to identify which terms and conditions were applicable to you at a given date.
| Version | Effective from | Effective until |
|---|---|---|
| Latest (this document) | May 14, 2024 | |
| December 2022 | December 1, 2022 | June 13, 2024 |